Ohio Admin. Code 3745-279-53 - Rebuttable presumption for used oil for processors and re-refiners
(A) To ensure that
used oil managed at a processing /re-refining facility is not hazardous waste
under the rebuttable presumption of paragraph (B)(1)(b) of rule
3745-279-10
of the Administrative Code, the owner or operator of a used oil
processing /re-refining facility must determine whether the total halogen
content of used oil managed at the facility is above or below one thousand
parts per million (ppm).
(B) The
owner or operator must make this determination by:
(1) Testing the used oil ; or
(2) Applying knowledge of the halogen content
of the used oil in light of the materials or processes used.
(C) If the used oil contains
greater than or equal to one thousand ppm total halogens, it is presumed to be
a hazardous waste because it has been mixed with halogenated hazardous waste
listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code. The owner or operator may rebut the presumption by
demonstrating that the used oil does not contain hazardous waste(for example,
by showing that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in the appendix to rule
3745-51-11
of the Administrative Code).
(1) The
rebuttable presumption does not apply to metalworking oils/fluids containing
chlorinated paraffins, if they are processed, through a tolling agreement as
described in paragraph (C) of rule
3745-279-24
of the Administrative Code, to reclaim metalworking oils/fluids. The
presumption does apply to metalworking oils/fluids if such oils/fluids are
recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply
to used oils contaminated with chlorofluorocarbons (CFCs) removed from
refrigeration units where the CFCs are destined for reclamation. The rebuttable
presumption does apply to used oils contaminated with CFCs that have been mixed
with used oil from sources other than refrigeration units.
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 10/20/1998, 12/07/2000
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